A California judge has tossed out a sexual abuse lawsuit on Tuesday filed by one of Marilyn Manson’s accusers after she failed to replace her former legal counsel, Page Six has learned.
Ashley Morgan Smithline, who previously accused the shock rocker of raping and abusing her during their two-year, on-and-off relationship, was advised to find new representation by Dec. 5, 2022, after her former lawyer Jay D. Ellwanger’s motion to withdraw was approved.
However, the model failed to find new representation or represent herself and so her case was thrown out.
The lawsuit was dismissed without prejudice, meaning she can refile the same claim at a later time if she wishes to do so.
Manson’s attorney Howard King tells Page Six, “We thank and commend Ashley Smithline for dismissing her claims against Brian Warner without seeking or receiving anything in return.
“Ms. Smithline has refused to be manipulated by others who are trying to pursue their own agendas against Mr. Warner. We wish her well and will continue to work to assure that a significant price will be paid by those who have tried to abuse our legal system.”
Although Ellwanger filed a motion to remove himself from the case, Manson’s legal team provided a series of text messages allegedly sent by Smithline that appear to show she actually tried to get rid of him first back in April 2022.
In a Sept. 1, 2022 court filing obtained by Page Six, Smithline tells Ellwanger in a text provided as an exhibit, “I am looking to discharge you. please let me know when it’s done and what needs to happen.”
Ellwanger responds by letting his then-client know that she needs new representation and that he believes someone may have hacked her phone.
He also states, “Ashley it’s not that simple. You have a federal court lawsuit pending. I’m not sure who is writing these text messages but it doesn’t sound like you. We need to speak on the phone.”
Ellwanger later wrote, “I am honestly very concerned about you — this is all very different behavior than I have ever seen from you and I’ve known you for over a year.”
A separate text exchange also showed the attorney and his client arguing over an appointment she had with a psychiatrist in London, which led to her missing an important deposition.
However, the exact reason why the pair had a falling out is unknown.
Page Six has made several attempts to reach out to Smithline for comment, but did not hear back in time for publication.
Prior to last year, Smithline and Ellwanger appeared to have a united front in their case against Manson, 53.
In June 2021, the pair went on “The View” together to detail Smithline’s alleged sexual misconduct experiences with the “Tainted Love” singer.
“I woke up bound and he was having sex with my unconscious body,” the Los Angeles native alleged of Manson with Ellwanger by her side.
“That was my first experience and then from there, the abuse just worsened. I was dehumanized, I was degraded, I was treated like an animal.”
Manson, whose real name is Brian Warner, has repeatedly denied Smithline’s claims – and those of the dozen other women who have come forward, including “Game of Thrones” actress Esmé Bianco, whom Ellwanger also represents.
“I understand that on or around February 1, 2021, [Evan Rachel] Wood posted to Instagram that I was her abuser, and shortly thereafter a number of other women simultaneously emerged with false public accusations against me of abuse, assault, rape, threats, trafficking and the like,” the “Beautiful People” singer previously said in his declaration to the court.
These women include Ashley Morgan Smithline, Ashley Walters, Jane Doe, and Esme Bianco. To the extent I had relationships with these women, those relationships were consensual.”
He continued, “I never abused, assaulted, raped, threatened, or trafficked any of these women, as they contend. Their accusations against me of abuse, assault, rape, threats, and the like are unequivocally false.”
Manson and his legal team have maintained that his accusers have conspired to ruin his name for monetary gain, and as a result even filed a defamation lawsuit against Wood for her abuse claims in March 2022.
Wood, 35, insists, however, that she has the “truth” on her side.
Ellwanger could not immediately be reached for comment.